Legalization

Mr. Chairman and members of the committee, thank you for the opportunity to appear before you today and provide testimony on behalf of the American Immigration Council. The American Immigration Council is a non-profit educational foundation which for 25 years has been dedicated to increasing public understanding of immigration law and policy and the role of immigration in American society.

Today’s hearing on “Enhancing American Competitiveness through Skilled Immigration” provides an opportunity to engage in a thoughtful conversation about the role that immigration can and should play in building a 21st century America that prospers and grows. Prosperity is a shared goal that unites us all, and offers an important lens through which to evaluate the vital role immigration plays in our economy today, as well as the necessity of retooling our outdated and hopelessly broken immigration system. As we do so, however, it is critical for us to recognize that skilled immigration encompasses a wide range of individuals with very different educational and occupational backgrounds. Moreover, the talent we seek very often comes to these shores not only through employment-based channels of immigration, but through family reunification, the admission of refugees and asylees, and can even be found within the current population of unauthorized workers.Read more...

With the U.S. economy in the midst of a prolonged slump, it’s hard to believe that any industry would actually benefit from having more workers. But that is precisely the case when it comes to those industries which depend upon highly skilled scientists and engineers. The United States has long faced a dilemma in this respect: the U.S. economy is capable of absorbing more high-tech professionals than the U.S. educational system produces. That is one reason so many U.S. scientists and engineers are immigrants. In “STEM” occupations (science, technology, engineering, and mathematics), the foreign-born account for 26.1 percent of workers with PhDs and 17.7 percent of those with master’s degrees. Even more U.S. scientists and engineers would be immigrants if not for the arbitrary limits imposed by the U.S. immigration system, particularly the inadequate supply of green cards and H-1B visas. Given that STEM professionals tend to create jobs through their innovative work, such limits are economically self-defeating.

In the spirit of bipartisan immigration reform, a geographically diverse contingent from both chambers of Congress have introduced legislation to strengthen high-skilled immigration and spur economic growth by recruiting and retaining entrepreneurial talent. Research is clear that high-skilledimmigrants and immigrant entrepreneurs are a source of strength for America’s economy and innovative competitiveness. Currently, the most common routes for high-skilled immigrants and immigrant entrepreneurs to come to the U.S. include: H-1B visas for “specialty occupations” (which most commonly refers to occupations requiring “the theoretical and practical application of a body of highly specialized knowledge and a bachelor’s or higher degree”), L-1 visas for “intracompany transferees,” O-1A visas for individuals with “sustained national or international acclaim” in the sciences, arts, education, business, or athletics, and E-2 visas for treaty investors, which are available to citizens of countries with treaties of commerce and navigation with the U.S. The three new pieces of legislation include the Immigration Innovation Act of 2013, the StartUp Visa Act of 2013, and the Startup Act 3.0.

For more than a decade, efforts to systematically overhaul the United States immigration system have been overshadowed by other events—from foreign wars and national security concerns to the financial crisis that threatened to bring down the world economy. In addition to this ever-changing list of national crises, years of partisan political fighting and the resurgence of a volatile restrictionist movement that thrives on angry rhetoric have made opportunities for advancing genuine reform few and far between. As a result, many in both parties opted for a political strategy that emphasized immigration enforcement over immigration reform, holding to the argument that efficiently deporting non-citizens would reduce illegal immigration and pave the way for more sensible outcomes in the future. Instead, the unprecedented spending on immigration enforcement, the extraordinary rise in deportations, the passage of state anti-immigrant laws, and the almost daily anecdotes of separated families and discrimination finally took their toll. Voters signaled in the 2012 federal elections that they were tired of enforcement-only immigration policies and the senseless pain they caused. Now more than ever, the opportunity to craft immigration laws that reflect American values and needs is a distinct possibility. The White House, Members of Congress, and countless organizations have issued new ideas and principles for making the system work. These proposals vary and will likely change even more as proposals translate into legislation, but there are a number of common themes that exist. This paper lays out an overview of the underlying legal system, the most basic principles of reform, the reasons behind them, and how they are likely to be reflected in coming legislation.Read more...

The most concrete proposals for immigration reform thus far in 2013 include earned legalization with a path to U.S. citizenship for unauthorized immigrants already living in the United States. This is a process that essentially permits unauthorized immigrants to come forward and receive a provisional legal status that—after paying taxes, proving they understand English and civics, passing all criminal and other background checks, and showing they are committed to the United States—allows them to become lawful permanent residents (LPRs). From there, like other LPRs before them, they will have to decide whether or not to make the final commitment to their adopted country by becoming American citizens. Some critics of the new proposals argue that citizenship is too good for unauthorized immigrants, or that legal status is really all they need to thrive in this country. But that kind of short-sighted thinking ignores some very important facts: more than half a century ago the U.S. finally abandoned the idea that there should be a second-class status for any group by denying them citizenship and, in fact, today the vast majority of Americans support a path to citizenship.

The integration of the 11 million unauthorized immigrants now living in the United States into full citizenship is not only good for those individuals, but the country as a whole. Citizenship, and the quest for citizenship, facilitates integration in myriad ways that legal status alone does not. From the learning of English and U.S. civics to the earning of higher incomes, serving jury duty, and voting in elections, citizens and would-be citizens benefit from a deeper form of incorporation into U.S. society than do legal immigrants who have no hope of ever applying for naturalization.Read more...

As the Congress begins a serious discussion on immigration reform, it would be a mistake to ignore the lessons of the past. In that vein, many members of Congress are invoking the The U.S. Commission on Immigration Reform, informally known as the Jordan Commission, for its chair, Barbara Jordan, a former Democratic Congresswoman from Texas. Issued in 1990’s, the Commission’s recommendations reflect the thinking of the time, but do not necessarily provide guidance for resolving today’s immigration crisis. This fact sheet provides a brief overview on the Commission and the necessity of tempering its recommendations with the knowledge we have gained in the past quarter of a century since its recommendations were released.Read more...

As the immigration debate heats up in Congress, the central question will be what to do about the 11 million unauthorized immigrants now living and working in the United States. The media often portrays this population as barely literate young men who pour over the southern border and live solitary lives, rather than providing a nuanced understanding of who the 11 million really are: adults and children, mothers and fathers, homeowners and churchgoers who are invested in their communities. This fact sheet attempts to provide a basic understanding of who the unauthorized are as people: where they live, where they’re from, how long they have been here, and what family and community ties to the United States they have.

Data from the U.S. Census Bureau and other sources provide this very necessary social context to the immigration debate. And what the data reveal are that most of the unauthorized have been here for over a decade. While they are concentrated in California, Texas, Florida, and New York, there are sizeable unauthorized populations in other states across the country. Three-fifths of unauthorized immigrants come from Mexico, but significant numbers also come from Central America and the Philippines. Nearly half of all adult unauthorized immigrants have children under the age of 18, and roughly 4.5 million native-born U.S.-citizen children have at least one unauthorized immigrant parent. More than half of unauthorized immigrant adults have a high-school diploma or more education. Nearly half of longtime unauthorized households are homeowners. And approximately two-fifths of unauthorized immigrant adults attend religious services every week. In other words, most unauthorized immigrants are already integrating into U.S. society not only through their jobs, but through their families and communities as well.Read more...

While there are many facets to an intelligent immigration reform package, one thing is clear: legalization for undocumented immigrants helps all of us. Most economists recognize that legalization has worked in the past. After a significant percentage of the undocumented population legalized under the Immigration Reform and Control Act of 1986 (IRCA), information on IRCA applicants was used to assess the legislation’s impact. My own research has shown that IRCA provided immediate direct benefits by successfully turning formerly clandestine workers into higher-paid employees. Other researchers have shown that IRCA provided unexpected indirect benefits to the communities where legalized immigrants resided. After legalization, fewer of these immigrants sent money back to their home countries, and those who sent back money sent back less. More of their earnings were spent in their communities in the United States. Research also showed that the legalized population became participating community members—nearly two out of five people who legalized under IRCA were U.S. citizens by 2001.

What we learned from IRCA gives us a bird’s eye view into what we can expect to happen with a new legalization program. By examining three areas of concern: work, family, and community, we can see what economic and social benefits would be derived from a legalization program in 2013.

The data analyzed in IPC's latest Special Report, Economic Progress via Legalization, indicates that unauthorized immigrants who gained legal status in the 1980s through the legalization provisions of the Immigration Reform and Control Act (IRCA) experienced clear improvement in their socioeconomic situation. Between 1990 and 2006, the educational attainment of IRCA immigrants increased substantially, their poverty rates fell dramatically, and their home ownership rates improved tremendously. Moreover, their real wages rose, many of them moved into managerial positions, and the vast majority did not depend upon public assistance. The findings presented in this report support the notion that legalization of unauthorized immigrants can play a role in promoting economic growth and lessening socioeconomic disparities. Reforming our immigration system is not an obstacle to getting our economy back on track—it is part of the solution.